IMF S.B. 331 75(R)BILL ANALYSIS


STATE AFFAIRS
S.B. 331
By: Armbrister
5-2-97
Committee Report (Amended)



BACKGROUND 

Currently, administrative law judges with the State Office of
Administrative Hearings (SOAH) have sanctioning power only in utility and
natural resource matters. During the interim of the 74th Legislature, the
effectiveness of the transfer of administrative hearings from individual
state agencies to SOAH was reviewed.  The review found that in certain
cases administrative law judges have no express authority to compel
compliance which causes delays in the completion of proceedings and
increased costs to all parties involved.  S.B. 331 extends similar
sanctioning powers currently held by SOAH administrative law judges in
utility and natural resource matters to all matters adjudicated by SOAH.

PURPOSE

As proposed, S.B. 331 extends sanctioning powers currently held by SOAH
administrative law judges in utility and natural resource matters to all
matters adjudicated by SOAH.   

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the chief administrative law judge in SECTION 3 (Sec. 2003.050,
Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2003.042, Government Code, to authorize an
administrative law judge employed by the State Office of Administrative
Hearings (office) or a temporary administrative law judge to administer
certain duties.  Deletes a provision mandating review by the state agency
before which the contested case is brought, to allow an administrative law
judge to issue discovery and related hearing orders.  

SECTION 2.  Amends Chapter 2003C, Government Code, by adding Section
2003.0421, as follows: 

 Sec.  2003.0421.  SANCTIONS.  Authorizes an administrative law judge
employed by  the office or a temporary administrative law judge to impose
appropriate sanctions against  a party or its representative for certain
legal infractions.  Authorizes a sanction imposed to  include, as
appropriate and justified, issuance of an order that outlines certain
actions.  Provides that this section does not apply to a contested case in
which the hearing is  conducted by an administrative law judge on behalf
of the Texas Natural Resource  Conservation Commission or the Public
Utility Commission of Texas.  

SECTION 3. Amends Chapter 2003C, Government Code, by adding Section
2003.050, as follows: 

 Sec.  2003.050.  PROCEDURAL RULES.  Requires the chief administrative law
judge to  adopt rules that govern the procedures, including the discovery
procedures, that relate to a  hearing conducted by the office.  Provides
that the procedural rules of the state agency on  behalf of which the
hearing is conducted govern procedural matters that relate to the  hearing
only to the extent that the chief administrative law judge's rules adopt
the    agency's procedural rules by reference.   

SECTION 4. (a)  Effective date for Section 2003.050:  January 1, 1998.
Makes application of this Act prospective. (b)  Effective date for
Sections 2003.042 and 2003.041:  September 1, 1997.  Makes application of
this Act prospective.    

SECTION 5. Emergency clause.

EXPLANATION OF AMENDMENT

Committee amendment no. 1 is intended to clarify the following:

(1) that Section 2003.0421 is applicable to any contested case hearing
conducted by SOAH except hearings conducted for the Texas Natural Resource
Conservation Commission (TNRCC) or the Public Utility Commission of Texas
(PUC); and 

(2) that Section 2003.0421 is not applicable to contested case hearings
conducted for the TNRCC and PUC because the sanction authority applicable
to hearings conducted for these two agencies already exists in Sections
2003.047(g) and (h), and 2003.047 (i) and (j), respectively. 

NOTE:  The sanction authority granted in Section 2003.0421 is consistent
with that granted in Section 2003.047 for TNRCC and PUC cases, except in
PUC cases, two additional sanctions are also authorized: (1) punishing the
offending party or its representative for contempt to the same extent as a
district court; and (2) requiring the offending party or its
representative 
to pay, at the time ordered by the ALJ, the reasonable expenses, including
attorney's fees incurred by other parties because of the sanctionable
behavior. 

The reason for the amendment to S.B. 331 is that the original language
is ambiguous when it makes reference to the PUC and TNRCC hearings held by
SOAH; and is unclear as to whether it applies to all SOAH divisions.  The
amendment would clarify the ambiguity.